Foreign nationals who overstay their I-94 and are subject to INA 222(g) will need to apply for a new U.S. visa in their country of nationality.
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The permanent bar is one of the harsher punishments under immigration law created to punish certain noncitizens that have been present in the United States without lawful status.
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An explanation about how long a noncontrolled Canadian can stay in the U.S., and how they can show their date of entry.
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An individual with a properly filed pending application to adjust status does not accumulate unlawful presence while the application is pending, but would begin to accumulate unlawful presence starting on…
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Under immigration law there two legal concepts that could potentially bar a noncitizen of the United States in seeking an immigration benefit. Legal or lawful immigration status relates to the…
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These are two immigration concepts addressing the physical presence of a noncitizen in the United States.
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The goal in preventing deportation/removal is not to avoid departure from the United States, but to facilitate the green card under the difficult circumstances presented by a deportation court case.
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The US Supreme Court ruling of June 7, 2021, held that TPS holders must have a lawful admission in order to become Lawful Permanent Residents (LPR).
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If you file your change of status petition after your I-94 expired, you will have to show that it was due to extraordinary circumstances beyond your control.
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I am outside the U.S. and planning to enter. For how long must my passport be valid? In general, for admission to the U.S., the nonimmigrant must present a passport…
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So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we…
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I am from Peru and live in the United States with status under Deferred Action for Childhood Arrivals, (DACA) which I obtained 8 years ago when I was 20 years…
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If you are in the U.S. on a non-immigrant visa and you filed a change of status (“COS”) or an extension of status (“EOS”) petition, you may be wondering if…
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On February 6, 2020, a federal district judge has issued a permanent injunction to prevent USCIS from implementing the May 2018 Unlawful Presence Rule for students and exchange visitors. On…
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On May 18, 2018, USCIS issued a memorandum announcing that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to maintain their F,…
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On May 18, 2018, USCIS issued a policy memorandum announcing that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to maintain their…
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In a policy memorandum issued on May 18, 2018, USCIS has announced that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to…
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The Diversity Lottery is a program that provides green cards for people from countries with historically low rates of immigration through a lottery system. 50,000 green cards will be awarded…
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